SC moved against two-member bench verdict

ISLAMABAD: The Supreme Court was requested on Wednesday to declare as per incuriam, the decisions passed by its two-member bench while altering the decision passed by earlier three-member bench regarding acquiring of a land.

Syeda Nasreen Zohra (deceased) wife of Syed Javaid Haider Gardezi through legal heirs, Farwa Rubab, Bizat Zohra, Tazkia Zainab, Sakina Rubab, daughters have filed a petition in the apex court under Article 184(3) of the Constitution through their counsel Kamran Murtaza.

They have prayed the apex court to declare that the decisions, passed by a two-member bench of this court are per incuriam as it has altered, varied and have taken away the rights created in favour of the petitioners through three member Bench judgments dated July 07, 2015 as well as judgment dated passed on May 26, 1998.

They further prayed that they may kindly be granted compensation in accordance with the three member Bench decision of this court dated July 07, 2015, with any other relief which this Court deems fit and proper in the circumstances of the case may also be granted in the interest of justice.

The petitioner questioned as to whether disturbing a three member Bench judgment of this Court which has already attained the finality is not violation of a fundamental right of a litigant entitling its restoration?

“And whether it is not a question of public importance that the question already resolved through a judgment of Court cannot be reopened in subsequent round of litigation?, they further questioned.

It is pertinent to mention here that in 1976, the government had acquired the land of the deceased Nasreen Zohra for Multan bypass and as per decision of the a three-member bench of the Supreme Court, she was entitled to get Rs 44 crores for the land. Later on, a two-member bench of the apex court changed the amount of Rs 44 crores to Rs 8 crores. Thereafter, the legal heirs of deceased Nasreen Zohra approached the court for setting aside the decision of the two-member bench.